Debtor's Motion: Convert Chapter 7 Case to a Chapter 11, 12, or 13 Case

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About this template
This legal template, titled "Debtor's Motion: Convert Chapter 7 Case to a Chapter 11, 12, or 13 Case under USA law," pertains to a request made by a debtor seeking to convert their ongoing bankruptcy case under Chapter 7 of the United States Bankruptcy Code to either Chapter 11, Chapter 12, or Chapter 13.

Chapter 7 bankruptcy, also known as liquidation bankruptcy, involves the selling off of non-exempt assets to repay creditors. However, in certain situations, debtors may wish to switch to a different type of bankruptcy that offers more flexibility and allows them to retain their assets or reorganize their debt.

Chapter 11 bankruptcy primarily applies to businesses or individuals with substantial debts, allowing for the reorganization and restructuring of debts while providing a potential path towards regaining solvency. On the other hand, Chapter 12 bankruptcy caters specifically to family farmers and fishermen, providing a tailored debt repayment plan based on their unique financial circumstances.

Lastly, Chapter 13 bankruptcy, also known as a wage earner's plan, enables individuals with regular income to create a manageable repayment plan over a three to five-year period, allowing them to retain their assets while gradually satisfying their debts.

This template would outline the debtor's reasons for seeking conversion and provide the necessary legal arguments and documentation to support the request. It may include details such as the debtor's financial situation, the challenges faced under Chapter 7, a proposed plan for repayment, and any additional information required by the court to support the conversion. The template could be customized to suit the specific circumstances of the debtor and adhere to the relevant laws and regulations governing bankruptcy proceedings in the United States.
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